Two people can receive the same prison sentence in New Jersey and serve dramatically different amounts of time — because of one law: the No Early Release Act, or NERA. For the most serious violent crimes, NERA (N.J.S.A. 2C:43-7.2) requires a person to serve 85% of their sentence before they’re even eligible for parole. Understanding whether NERA applies to a charge is one of the most important things in a serious criminal case.
What NERA does
Ordinarily, a person sentenced to prison in New Jersey may become parole-eligible well before serving their full term. NERA changes that for covered offenses by imposing a mandatory minimum equal to 85% of the sentence, during which the person is not eligible for parole — plus a period of mandatory parole supervision after release. So a 10-year sentence under NERA means at least 8.5 years actually served before parole eligibility.
Which crimes NERA covers
NERA applies to specified first- and second-degree violent crimes — offenses involving violence or the threat of it. Common NERA crimes include:
- Robbery (first or second degree) and carjacking.
- Aggravated assault in covered circumstances.
- Kidnapping.
- Aggravated arson.
- Homicide-related offenses and other enumerated violent crimes.
Whether a specific charge actually qualifies for NERA — and at what grade — can itself be contested, and it’s tied directly to how the offense is charged and proven.
Why NERA drives strategy
Because NERA so dramatically affects real time served, much of the defense and negotiation in a serious violent case revolves around it. Key questions include:
- Does NERA actually apply to the charge as alleged, or can the case be resolved to a non-NERA offense?
- Can the grade be reduced in a way that takes it outside NERA’s reach?
- How does NERA interact with other enhancements — like the Graves Act for firearms, which has its own mandatory minimums?
The difference between a NERA and a non-NERA resolution can be measured in years of a person’s life, which is exactly why these cases demand experienced, strategic defense.
Facing a NERA-eligible charge? The stakes are measured in years
If you or a loved one is charged with a serious violent offense in New Jersey, whether NERA applies — and whether the case can be steered away from it — may be the single most important issue. It’s worth a free, confidential call to understand where the case stands.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.